The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

4.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 M1 shall be amended in accordance with the provisions of this paragraph.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) for the definition of “Housing Benefit Regulations”, substitute—

““Housing Benefit Regulations” means the Housing Benefit Regulations 2006;”;

(b) after that definition, insert—

““Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;”; and

(c) for sub-paragraph (b) in the definition of “non-dependant”, substitute—

“(b) regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations;”.

(3) In regulation 11(1)(b) M2 (protected income), for the words “regulation 63 of the Housing Benefit Regulations”, substitute “ regulation 74 of the Housing Benefit Regulations or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations ”.

(4) In regulation 15(2) (amount of housing costs), for “regulations 10 and 69 of the Housing Benefit Regulations”, substitute “ regulations 12 and 80 of the Housing Benefit Regulations or, as the case may be, regulations 12 and 61 of the Housing Benefit (State Pension Credit) Regulations ”.

(5) In paragraph 6 M3 of Schedule 3 (eligible housing costs) for sub-paragraphs (a) and (b), substitute—

“(a) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), the amounts specified as ineligible in paragraph 2 of the appropriate Schedule 1;

(b) where the costs are inclusive of any of the items mentioned in paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 6(2) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the parent provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;”

Marginal Citations

M1 S.I. 1992/1815. Revoked for certain purposes by S.I. 2001/155, as amended by S.I. 2003/347.

M2 Relevant amending instruments are S.I. 1995/1045 and S.I. 1995/3261.

M3 Relevant amending instruments are S.I. 1995/1045 and S.I. 1995/3261.